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CARMEL BOARD OF ZONING APPEALS HEARING OFFICER
DEPARTMENT REPORT
MONDAY, OCTOBER 23, 2023
(SE) Elliott Short Term Residential Rental Renewal.
The applicant seeks the following special exception renewal approval for a STRR unit:
5. Docket No. PZ-2023-00218 SE UDO Section 2.05 Residential Special Exception.
The site is located at 10828 Timber Ln. (Jordan Woods Subdivision Lot 95). It is zoned S2/Residence. Filed
by Thomas & Karyn Elliott, owners.
General Info & Analysis:
• The Petitioner seeks renewal approval to operate a Short Term Residential Rental (STRR) use, to rent out a
four-bedroom three-bath house. (Familiar STRR terms are Airbnb, VRBO, FlipKey, HomeAway, etc.) Prior
STRR approval was granted last year with BZA Docket No. PZ-2022-00213 SE.
• Per the zoning ordinance, a residential special exception approval from the BZA Hearing Officer is required
for STRR’s located in the S2/Residence zoning district. The site is located in the middle of an established
single family neighborhood that is located south of Woodland Country Club Golf Course. It is located north
of 106th Street and west of Keystone Pkwy. Single family homes surround the subject property. There
appears to be an active Jordan Woods Homeowners Association, but it is a voluntary group that has no legal
standing to establish neighborhood covenants and restrictions. On-street parking is allowed, but there is
plenty of off-street parking on the driveway, and possibly in the 2-car garage. Please see the Petitioner’s
info packet for more detail on the special exception renewal request.
• The Carmel Unified Development Ordinance (UDO) defines Short Term Residential Rental Unit as: A
Dwelling, or portion thereof, that is rented or leased to transient guests by a Permanent Resident of the
Dwelling for a period of less than thirty (30) consecutive calendar days.
• The short term residential rental ordinance was adopted by City Council in January 2018, under ordinance Z -
629-17. In addition, City Council adopted resolution CC-02-06-23 which allows for 30 specific dates in
2023 where this STRR ordinance will not be enforced (freebie dates), such as most major holiday weekends.
• Under UDO Section 5.73.A, the Purpose of the ordinance is to benefit the general public by minimizing
adverse impacts on established residential neighborhoods and the owners and residents of properties in these
neighborhoods resulting from the conversion of residential properties to tourist and transient use.
• UDO section 9.08 states that a Special Exception shall be considered as an exception to the uses allowed
under the UDO, and thus the original application for a Special Exception shall not generally be entitled to
favorable consideration; however, an application for the renewal of a Special Exception shall generally
be entitled to favorable consideration.
• UDO Section 9.08 lists out the criteria for the Basis of Review and for the Basis of Approval or Rejection:
Basis of Review: A Hearing Officer, in reviewing a Special Exception application, shall give consideration to
the particular needs and circumstances of each application and shall examine the following items as they relate
to the proposed Special Exception:
1. Surrounding zoning and land use;
2. Access to public streets;
3. Driveway and curb cut locations in relation to
other sites;
4. Parking location and arrangement;
5. Trash and material storage;
6. Necessary exterior lighting; and
7. Protective restrictions and/or covenants.
Basis of Approval or Rejection: A Hearing Officer, in approving or rejecting a Special Exception application,
shall base his or her decision upon the following factors as they relate to the above listed items (Basis of
Review) concerning the proposed Special Exception:
1. The economic factors related to the proposed Special Exception, such as cost/benefit to the community and
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its anticipated effect on surrounding property values;
2. The social/neighborhood factors related to the proposed Special Exception, such as compatibility with
existing uses in the vicinity of the premises under consideration and how the proposed Special Exception will
affect neighborhood integrity; and
3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and around the premises
upon which the Special Exception is proposed.
Final Comments:
• The Code Enforcement Dept. does not have any violations or complaints about this site.
• A resident in this same neighborhood had an STRR approval (Docket No. 19100024 SE for Westrick Short
Term Residential Rental), but they have since moved out of the neighborhood.
• A sidewalk along the street frontages (or payment into the Non-Reverting Thoroughfare Fund) might be
required per UDO Section 1.07. It may be the case that if this petition is approved, that we would request a
condition of approval for the homeowner, that sidewalks be installed at this property (or paid for) at a time
if/when the city ever installs sidewalks in the neighborhood.
Review Comments:
• The Petitioner has addressed all planning/zoning review comments.
Petitioner’s Findings of Fact:
• Please refer to the petitioner’s Findings of Facts included in their info packet.
Recommendation:
• The Planning/Zoning Division is supportive of this residential special exception renewal request. The Dept.
of Community Services recommends positive consideration of this special exception renewal request, with
the condition that the homeowner installs sidewalks along the two street frontages at this property (or pay
for them via the Thoroughfare Fund) at a time if/when the city ever installs sidewalks in the neighborhood.
• The Dept. of Community services also recommends the adoption of the Petitioner’s Findings of Fact.
• (Please note that if the renewal petition is approved, it is only valid for one (1) year.)